Workplace Harassment Laws in Indiana: Rights & Remedies

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits harassment in the workplace based on race, color, religion, sex, or national origin by employers with 15 or more employees. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and defines unlawful harassment as unwelcome conduct based on a protected characteristic that creates a hostile, abusive, or offensive work environment—whether physical, verbal, or visual.

For harassment to be illegal under federal law, it must be sufficiently severe or pervasive that a reasonable person would find the work environment hostile or abusive, and the employer must have known or should have known about the conduct and failed to take prompt corrective action. The Age Discrimination in Employment Act (29 U.S.C. § 623) extends this protection to workers age 40 and older, and Title I of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) protects against harassment based on disability.

Under federal law, you have 180 days (or 300 days in deferral states) to file an EEOC charge. Remedies include back pay, compensatory damages (including emotional distress), punitive damages against private employers, attorney fees, and court orders requiring injunctive relief. Damages are capped at $50,000 to $300,000 depending on employer size.

Indiana's Civil Rights Act (Ind. Code § 22-9-1-1 et seq.) provides state-level protections that are comparable to federal law but apply to a broader pool of employers. The ICRC enforces the statute, which prohibits discrimination and harassment based on race, color, religion, sex, national origin, disability, military status, and genetic information. Critically, Indiana law applies to employers with 6 or more employees, compared to the federal Title VII threshold of 15 employees—providing coverage to small employers excluded from federal protection.

Under Ind. Code § 22-9-2-1, it is unlawful for an employer to harass an employee or applicant because of a protected characteristic. Indiana courts recognize hostile work environment claims when harassment is based on a protected class and is sufficiently severe or pervasive to alter the conditions of employment. The state does not recognize general "workplace harassment" (e.g., bullying not tied to a protected characteristic) as actionable harassment, though common law tort claims for intentional infliction of emotional distress may apply in egregious cases.

Indiana courts have held that harassment claims require evidence that: (1) the plaintiff belongs to a protected class, (2) the plaintiff was subjected to unwelcome conduct, (3) the harassment was based on the protected characteristic, and (4) the harassment affected a term or condition of employment. The standard mirrors federal law in this regard. However, Indiana's lower employer size threshold means small businesses are subject to state compliance obligations even if they fall below the federal 15-employee threshold.

Remedies under state law include back pay, compensatory damages for emotional distress and other harms, and court orders for injunctive relief and attorney fees. There is no statutory damage cap in Indiana, though the state follows federal principles for calculating compensatory and punitive damages. The ICRC also has authority to issue cease-and-desist orders and require corrective training or policy reforms.

Indiana law does not protect against harassment based on characteristics that are not enumerated protected classes. Harassment based on appearance, weight, sexual orientation (though Indiana added gender identity protections in recent interpretation), or other non-protected traits generally falls outside the statute's scope, though intentional infliction of emotional distress claims may apply in narrow circumstances.

Employers have a defense if they took prompt, corrective action upon learning of harassment. Under the Faragher/Ellerth affirmative defense (adopted in Indiana federal litigation), an employer may escape liability if it exercised reasonable care to prevent and correct harassment, and the employee unreasonably failed to use complaint procedures available to the employer. However, this defense is unavailable if the harasser is the employee's supervisor and results in a tangible employment action (termination, demotion, pay reduction).

At-will employment status does not shield employees from harassment protections. An employer can still be liable for harassment even if it also has the right to terminate the employee for other reasons. However, if an employee reports harassment and is subsequently terminated for legitimate, non-retaliatory reasons, the harassment claim remains separate from any wrongful termination claim.

Small employers (2–5 employees) are not covered by Indiana state law, though federal law still applies if the employer meets Title VII's 15-employee threshold. Independent contractors, volunteers, and unpaid interns typically fall outside the definition of "employee" under Indiana law, though classification disputes are common and fact-dependent. Union employees are covered, and union contracts cannot waive statutory protections against harassment.

Step 1: Document All Harassment

Keep detailed records of every incident: date, time, location, what was said or done, who witnessed it, and how it affected you. Save emails, texts, messages, and written notes. Document the harasser's identity and their position (supervisor or peer). Record the context—did it relate to a protected characteristic like race, religion, gender, or disability? Maintain these records in a safe place outside the workplace (home computer, cloud storage, or with an attorney). This documentation is critical for both internal complaints and formal charges.

Step 2: Review Company Policy and File Internal Complaint

Locate your employee handbook and review the anti-harassment and complaint policy. Most employers require reporting to HR, a designated compliance officer, or management. File a written complaint if possible (email is ideal because it creates a time-stamped record). Include specific dates, names, descriptions of conduct, and how it relates to a protected characteristic. Send the complaint certified mail or email with read receipt to create evidence of notice. The ICRC values evidence that you gave the employer an opportunity to correct the problem. However, internal complaints are not required before filing a formal charge; you may proceed directly to the ICRC if you prefer. Keep copies of all correspondence.

Step 3: File a Charge with the Indiana Civil Rights Commission (ICRC)

File a charge of discrimination (the harassment form) with the ICRC within 180 days of the conduct. File online at www.in.gov/icrc or by mail to: Indiana Civil Rights Commission, 100 North Senate Avenue, Room N103, Indianapolis, IN 46204. Phone: (317) 232-2600. You will need: (1) your name, address, phone, and email, (2) the employer's name and address, (3) the harasser's name and title, (4) the date(s) of the harassment, (5) a detailed description of the conduct and how it relates to a protected class, (6) witnesses' names, (7) whether you reported internally and the response. There is no filing fee. You may also file a concurrent charge with the EEOC (dual-filing); the agencies exchange jurisdiction. Federal EEOC deadline is also 180 days. Contact the Indianapolis EEOC office at (317) 226-7212 or www.eeoc.gov.

Step 4: ICRC Investigation and Administrative Process

The ICRC will assign an investigator within 2–4 weeks. The agency will notify the employer and request their response. The investigator will interview you, the harasser, supervisors, witnesses, and request documents (emails, attendance records, prior complaints). This process typically takes 90–180 days. The ICRC will issue a Determination Letter stating whether there is "probable cause" that harassment occurred. If probable cause is found, the case moves to conciliation (settlement discussion) or, if settlement fails, to the ICRC's Civil Rights Advocate for possible administrative hearing. You can request a public hearing before an Administrative Law Judge (ALJ). Decisions from the ALJ can be appealed to the ICRC Commissioners.

Step 5: Consider Legal Representation and Litigation Options

Consult an employment attorney, particularly if your case proceeds beyond probable cause or involves significant damages. An attorney can help during the investigation, represent you at conciliation or hearing, and file civil lawsuits in state or federal court if the ICRC process does not resolve the claim. Most employment attorneys work on contingency (no upfront fee if they win). An ICRC Determination of probable cause strengthens a subsequent lawsuit. You may file suit in Marion County Circuit Court (where the ICRC is located) or in federal court (U.S. District Court for the Southern, Northern, or Central District of Indiana) if federal claims apply. Attorney fees and costs are recoverable from the employer if you prevail. Given Indiana's 180-day filing window, do not delay in documenting and reporting.